Legal Question in Criminal Law in California
Former emplyeer is accusing me of missing deposit they want to meet with me and want me to sign of my last pay check to them so it can cover the "missing deposit"
3 Answers from Attorneys
Ignore them. Do not sign anything. If they write you a letter, or if the police contact you, say nothing and call an attorney.
California law severely restricts the circumstances in which an employer may deduct damages or debts owed by an employee from his or her wages.
An employer may not deduct from the employee's wage any amount to compensate the employer for loss or damage causd by the employee's simple negligence. The employer must bear the losses which result from an employee's ordinary negligence or incomptence. (Kerr's Catering Service v. Department of Industrial Relations (1962) 57 Cal.2d 319.)
An employer may not deduct from an employee's final check any amount representing the unpaid balance of a debt owed by the employee even though the employee may have signed a written agreemnt to pay the full amount of the debt on demand, at termination of employment or otherwise. (Barnhill v. Robert Saunders & Co. (1981) 125 Cal.App.3d 1.)
An employer may deduct from the employee's wages amounts to compensation for loss or damage resulting from any gross negligence, willful misconduct or dishonesty. If an employer deducts any amount believed to be the result of gross negligence, willful misconduct or dishonesty, the burden of proof is on the employer to establish the weight of evidence for the withholding. Failure of an employer to meet that burden of proof can subject the employer to waiting time penalties pursuant to Labor Code section 203.
You are essentially being asked to confess to a crime. The ONLY advice you should expect to get from here or elsewhere is to exercise your 5th Amendment rights to SHUT UP, and hire an attorney to speak for you. You face charges that could put in in jail/prison, and most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative'. If you�re serious about hiring counsel, feel free to contact me.
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